Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS CRIMINAL APPEAL NO.1115/2016 C/W CRIMINAL APPEAL NOs.1116/2016 AND 1117/2016 IN CRL.A. 1115/2016 BETWEEN SRI. AKASH PERSHAD TIWARI S/O. LAKSHMAN PERSHAD TIWARI, AGED ABOUT 40 YEARS, R/AT NO. 123, BASAVESWARANAGARA, BENGALURU -560078.
...APPELLANT (BY SRI SHIVASWAMY, ADVOCATE (ABSENT)) AND SMT. GEETHA W/O. SRINIVASA, R/AT NO. 501, APARTMENT NO. 101, MULKATAMMA TEMPLE ROAD, VAISHNAVI RESIDENCY, K.K.LAYOUT, NAGARABHAVI POST, BENGALURU-560072.
…RESPONDENT (BY SRI. A. C. BALARAJ, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF THE CR.P.C. PRAYING TO SETASIDE THE IMPUGNED ORDER OF ACQUITTAL DATED 15.04.2016 PASSED BY THE XVI A.C.M.M., BENGALURU CITY IN C.C.NO.3211/2014 – ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.
IN CRL.A. 1116/2016 BETWEEN SRI. AKASH PERSHAD TIWARI S/O. LAKSHMAN PERSHAD TIWARI, AGED ABOUT 40 YEARS, R/AT NO. 123, BASAVESWARANAGARA, BENGALURU-560078.
(BY SRI SHIVASWAMY, ADVOCATE(ABSENT)) AND ...APPELLANT SMT GEETHA W/O. SRINIVASA, R/AT NO. 501, APARTMENT NO. 101, MULKATAMMA TEMPLE ROAD, VAISHNAVI RESIDENCY, K.K.LAYOUT, NAGARABHAVI POST, BENGALURU-560072.
(BY SRI. A. C. BALARAJ, ADVOCATE) …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF THE CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 15.04.2016 PASSED BY THE XVI A.C.M.M., BENGALURU CITY IN C.C. NO.3212/2014 – ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.
IN CRL.A. 1117/2016 BETWEEN SRI. AKASH PERSHAD TIWARI S/O LAKSHMAN PERSHAD TIWARI, AGED ABOUT 40 YEARS, R/AT NO.123, BASAVESWARANAGARA, BENGALURU-560078.
... APPELLANT (BY SRI SHIVASWAMY, ADVOCATE (ABSENT)) AND SMT. GEETHA W/O SRINIVASA, R/AT NO.501, APARTMENT NO.101, MULKATAMMA TEMPLE ROAD, VAISHNAVI RESIDENCY, K.K.LAYOUT, NAGARABHAVI POST, BENGALURU-560072.
(BY SRI. A. C. BALARAJ, ADVOCATE) …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF THE CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED ORDER OF ACQUITTAL DATED 15.04.2016 PASSED BY THE XVI A.C.M.M., BENGALURU CITY IN C.C.NO.3213/2014 – ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT R.DEVDAS J., (ORAL):
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